3 Count: Non-Final Judgement

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1: Judgment Entered in Publishers, Internet Archive Copyright Case

First off today, Andew Albanese at Pubilshers Weekly reports that, in the ongoing case between book publishers and the Internet Archive, the two sides have reached an agreement for a judgement, even if the Internet Archive plans to appeal the case.

The publishers sued the Internet Archive after the site, during the pandemic, made its electronic library of books available for viewing without restriction through its “National Emergency Library”. The judge in the case has already ruled both the National Emergency Library and the Internet Archive’s broader practice of controlled digital lending were infringing, setting the stage for a trial on damages.

However, the Internet Archive is hoping to appeal the case and, to do so, they have reached this deal with the publishers. Both sides have tentatively agreed to a judgement that includes a permanent injunction against the Internet Archive against distributing books licensed by the publishers. However, this agreement gives the Internet Archive the chance to appeal the earlier decision, upon which the agreement is predicated. That said, the injunction will not be stayed during the appeals process, meaning that, at the very least, the Internet Archive will not be able to lend such books in the United States as the process unfolds.

2: Netflix Agrees to End Screenwriter’s ‘Stranger Things’ Copyright Lawsuit

Next up today, Blake Brittain at Reuters reports that Netflix has reached a settlement with a screenwriter who claimed that the hit Netflix show Stranger Things was an infringement of his earlier work, Totem.

The lawsuit was filed by Irish Rover Entertainment, a company owned by screenwriter Jeffrey Kennedy. The lawsuit claimed that elements from Stranger Things were copied from his work, an allegation that both Netflix and Stranger Things’ creators denied.

The case was slated to head to a trial next month. However, the two sides have since reached a settlement, which will result in the case being dismissed with prejudice. Though the terms of the settlement are not known, Netflix continues to call the lawsuit “meritless” and says that it is glad to have the case behind them. Kennedy had no comment on the settlement.

3: Sony Music and Triller Settle Copyright Dispute as TikTok Rival Prepares to Go Public

Finally today, Mandy Dalugdug at Music Business Worldwide reports that Sony Music and short form video platform Triller have reached a settlement that brings their lawsuit to an end ahead of an anticipated initial public offering by Triller.

Sony filed the lawsuit last year alleging that Triller failed to meet payment obligations for licensing its music. This led the label to claim “extensive” copyright infringement and seek both damages and an injunction against Triller.

Triller, for its part, didn’t deny the missed payments, saying that they were unable to make them. However, in April, Triller settled a portion of the case by agreeing to pay $4.57 million for alleged breaches of the contract. Now the two appear to have settled the rest of the case, though the additional terms are not known. Triller is also facing a similar lawsuit filed by Universal Music Group that has not been settled.

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